2007/3/17, Wendy Seltzer <wendy@seltzer.com>:

Vittorio Bertola wrote:
> Wendy Seltzer ha scritto:
>> [Third time's the charm?  Apparently my earlier attempts to post this
>> were eaten by a spam blocker.]
>>
>> If ICANN't keep a contract, let the public enforce it
>
> (Perhaps, to make the text more readable, we should put a brief
> introduction plus the resolution at the beginning, and move the
> rationale to an appendix, as Izumi did.)

Sounds like a good idea.
>
>> Resolved that:
>> Recognizing that the public Internet users are intended beneficiaries of
its contracts
>> ICANN should strike the "no third-party beneficiary" language from its
>> Registrar Accreditation Agreements and Registry Agreements;
>>
>> ICANN should promptly adopt a schedule and provisions for escrowing of
>> data from all registrars, as envisioned in RAA 3.6
and from registries.
>
> Can I propose a couple more points? I think that there are some more
> general lessons to be learned: if ICANN doesn't raise the priority level
> of "registrant protection", we risk getting into similar problems again
> in the future. So I would add a couple of additional resolutions such as:
>
> * ICANN should be more responsive to registrar misbehaviour or failure
> that affects a significant number of registrations, using its
> credibility, "moral suasion" and contractual opportunities to help their
> prompt resolution; it should also deploy appropriate instruments
> (complaint forms, news monitoring etc.) to proactively obtain early
> warning about the insurgency of such problems.

I'm not sure.  I don't want ICANN to become a consumer protection
agency, because I don't anticipate that it will do any better job at
that than in any of its other mission-creep roles.  I'd rather push on
expanding opportunities for referral to outside enforcement, perhaps
with some self-regulation to avoid that enforcement.

--Wendy

>
> * ICANN should foster the bottom-up development of best practices for
> registrars and domain name resellers, on matters such as information
> passed on to customers, domain name administration procedures, transfer
> and renewal policies, etc., to help the industry reach better and more
> predictable standards in the service offered to customers.

--
Wendy Seltzer -- wendy@seltzer.org
phone: 718.780.7961 // fax: 718.780.0394 // cell: 914.374.0613
Visiting Assistant Professor of Law, Brooklyn Law School
Fellow, Berkman Center for Internet & Society
http://cyber.law.harvard.edu/seltzer.html
http://www.chillingeffects.org/

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